Spot Blight Abatement Program
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1 Spot Blight Abatement Program Prince William County Barbara C. Valois Spot Blight Inspector
2 Spot Blight Abatement Powers of the locality to address blighted properties derive from the Virginia Code Prince William County Board of County Supervisors adopted the County s s first Spot Blight Program Administrative Guidelines on June 1, 1999 County may demolish repair acquire, repair or demolish, and resell blighted properties
3 Blight Fighting Techniques Available Spot Blight Spot Blight for Individual Properties :1 Property Maintenance USBC, Part III ( Virginia Maintenance Code) Individual Self-Help Measures Removal of Trash PWC Chapter 22 Cutting of Weeds PWC Chapters 29 Removal of Graffiti PWC Unsafe Structures Unsafe Structures (PWC Chapter 5, Article IV) Unsafe Structures under USBC, Part III, Section 105
4 Blight Fighting Techniques Available Nuisance Abatement Generally Public Nuisance Abatement & Special Grand Juries through 48-6 Drug Blight Bawdy Places or thru 48-8 Alcohol Violations Derelict Structures thru
5 Prince William County Spot Blight Guidelines Virginia Code Definition of Blight Any individual commercial, industrial, or residential structure or improvement that endangers the public s s health, safety or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure previously designated as blighted pursuant to :1, under the process for determination of spot blight. PWC Additional Criteria 1) Vacant or boarded for at least one year 2) Subject of documented complaints 3) No longer maintained for useful occupancy 4) Lacks normal maintenance and upkeep
6 Public Nuisance may be defined 1) By statute 2) At common law Public Nuisance A nuisance is any act, omission or use of property which is hurtful to health, tranquility or morals of the community. Ritholz v. Commonwealth, 184 Va. 339, 350, 35 S.E.2d 210 (1945). A public nuisance is a condition that affects or has the potential to affect the health, safety or welfare of the general public rather than just one individual or a small number of individuals. County must use least drastic alternative to abate the public nuisance.
7 Blight Aesthetic Considerations/ Economic Effects Dilapidation and Deterioration Lack of Maintenance/Upkeep Peeling Paint Broken Windows Graffiti Violates Minimum Health and Safety Standards Open and unsecured Trash and Debris
8 Public Nuisance Health-Safety Considerations/Life Threatening Effects Use Excessive light, noise, dust, pollution, noxious odor Act or Omission (invitation or trespassing) Criminal Activity (vandalism, theft, prostitution) Gang Activity (graffiti) Drug Activity Arson Hazardous Substances (toxic chemicals, etc.) Danger of Structural Collapse Danger of Injury (open well, basement, swimming pool)
9 Example 1 Blight? Public Nuisance? Unsafe Structure?
10 Example 2 Structure not blighted, but criminal activity occurring
11 Example 2 Structure damaged as result of arson fire
12 Example 2 Structure now blighted
13 Example 3
14 Example 3
15 Example 4 North Structure -- Before Structure dated to approximately 1900 Located in residential neighborhood close to elementary school Structurally unstable and contained friable asbestos
16 Example 4 North Structure -- After Demolition by County
17 Example 5 Before
18 Example 5 After Demolition by Owner
19 Example 6 Property has been the subject of 10 PCE Complaints since 2003 PCE has been unable to serve owner on property maintenance case Foreclosure has been pending twice, but property is not yet bankowned.
20 Example 6 Roofing shingles have deteriorated and gutters are in disrepair
21 Example 6 Lack of maintenance has caused interior ceiling to collapse
22 Example 7 Unknown how long structure has been vacant PCE has been unable to serve owner in property maintenance case Property has been subject of 11 PCE cases Structure recently targeted with gang graffiti
23 Example 7 Inspector recently able to gain access to interior Found evidence of property damage and deterioration
24 THE END
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